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The difference between oral summons and written summons

The difference between an oral summons and a written summons is whether a summons certificate is required, as follows:

1. Oral summons is discovered on the spot and the situation is urgent, so only the work permit is required; < /p>

2. A written summons must require a summons certificate.

The issues that should be paid attention to when summoning are as follows:

1. Summons are only applicable to those who violate public security management in public security cases, and cannot be applied to witnesses, victims, etc.;

2. Verbal summons is not applicable to those who violate public security management found off-site, and written summons is always applicable;

3. Be cautious in using coercive means and police equipment in summonses, and the use of coercive means is necessary and police equipment should also be carried out in accordance with relevant legal provisions.

The conditions for summons are:

1. Ensure the suspect’s diet and necessary rest time.

2. The duration of summons and summons shall not exceed twelve hours.

3. If the case is particularly serious and complex and requires detention or arrest measures, the duration of the summons or arrest shall not exceed twenty-four hours.

4. Criminal suspects shall not be detained in disguised form in the form of continuous summons or custodial summons.

The subpoena procedure is as follows:

1. During the fire law enforcement process, if a subpoena is required, the law enforcement officer handling the matter shall fill in the "Summons Certificate" and submit the approval form, and after submitting it to the leader for approval, issue a " Subpoena Certificate";

2. The law enforcement officer shall serve the Summons Certificate to the person being summoned in accordance with the law; the person being summoned shall sign or seal the receipt of the Subpoena Certificate and indicate the date of receipt. ;

3. If the person being summoned refuses to accept the summons or evades the summons without justifiable reasons, a compulsory summons will be implemented in accordance with the law with the approval of the leader;

4. The person being summoned will be summoned to the case. Afterwards, interrogation and verification should be carried out in a timely manner and interrogation transcripts should be made. Each interrogation should not exceed 24 hours;

5. For violations of fire protection laws and regulations found on the spot, the person in charge can verbally summon the relevant personnel. When announcing an oral summons, the person handling the matter shall explain the reasons for the summons and record the circumstances of the oral summons in the transcript during the interrogation.

To sum up, the difference between an oral summons and a written summons is whether a summons certificate is required. An oral summons is discovered on the spot and the situation is urgent, so only the work permit is required; while a written summons requires a summons certificate.

Legal basis:

Article 82 of the "Public Security Management Punishment Law of the People's Republic of China"

Persons who violate public security management need to be summoned to accept In the case of investigation, a summons certificate shall be used with the approval of the person in charge of the case handling department of the public security organ. For persons found to have violated public security management on site, the people's police may summon them orally upon presentation of their work IDs, but this shall be noted in the interrogation record.

The public security organ shall inform the person being summoned of the reasons and basis for the summons. Those who refuse to accept the summons or evade the summons without justifiable reasons may be summoned compulsorily.

Article 119 of the Criminal Procedure Law of the People's Republic of China

The time and place of interrogation may be determined for criminal suspects who do not need to be arrested or detained. When summoning a criminal suspect to a designated place in the city or county where he is located or to his residence for interrogation, certification documents from the People's Procuratorate or the public security agency must be produced. Criminal suspects found at the scene may be summoned orally upon presentation of their work IDs, but this shall be noted in the interrogation transcript.

Restrictions on summons and subpoena stipulate that the duration of summons and subpoena shall not exceed twelve hours; if the case is particularly serious and complex and requires detention or arrest measures, the duration of summons or subpoena shall not exceed twenty hours. four hours.

Criminal suspects shall not be detained in disguised form in the form of continuous summons or custodial summons. When summoning or detaining a criminal suspect, the criminal suspect's diet and necessary rest time shall be ensured.